OM PRAKASH SINGH CHAUHAN Vs. STATE

JUDGEMENT

(1.) In this appeal, Om Parkash Singh has challenged the correctness of the finding of fact given by the Additional Sessions Judge holding him guilty under Section 376 Indian Penal Code . and sentencing him to undergo R,1. for 7 years and a fine of Rs. 5000.00 , in default of payment of fine to further under go R.I. for six months.

(2.) . Public Witness . 2 Smt. Devki is the prosecutrix. On the basis of her statement, F.I.R. Ex. Public Witness . 2/A under Section 376 Indian Penal Code . was recorded in Police Station, Shakar Pur. She has unfolded the prosecution version in her examination-in chief alleging therein that she is 26 years old married woman having one child named Amit aged 4 years. At the time of the occurrence she was residing at 36, Krishan Kunj along with her husband. This house belongs to her father. The accused was a tenant of one or the rooms in the same premises. Narrating the incident she deposed that about I j year back at about 8.30 P.M., she was present in her house. She was all alone at that time. Her son Amit had gone to her maternal grand-mother. She was lying on the bed when the accused came to her house. The accused immediately thereafter gagged her mouth and switched off a the light. He also threatened that in case she raised hue and cry, he would kill her. At that time she was wearing a blouse petticot and a sari. The accused committed rape on her and went away. She immediately narrated the occurrence to Lalan Pandey and his wife Pajindari who were residing in the adjoining house. They advised her to wait till the arrival of her husband. However, on that night her husband came late at about 10.00 P.M. She immediately narrated the incident to her husband who decided to call her parents and her brother. After sometime she along with her husband, father and brother went to the Police Station and lodged the report Ex. Public Witness . 2/A. Thereafter she was got medically examined. Her petticot, Dhoti and the bed sheet were taken into possession.

(3.) . The accused was arrested and his underwear was also taken into possession. These articles were sent to the office of the CFSL for report. In the meantime, the Investigating Officer recorded the statement of various witnesses, prepared the site plan, got the site photographed and after collecting reports from the hospital and the office of C.F.S.L. completed the investigation and filed the challan. The accused was charged to stand trial under Section 376 I.P.C. and he was also charged under section 506 IPC. The accused pleaded not guilty to the said charges and claimed trial.